the European arrest warrant - Statewatch

Article 17 - Previous release
1. The executing judicial authority shall execute the European arrest warrant
immediately without the necessity to hear or verify the consent of the requested
person if he or she escaped from detention or failed to comply with the conditions of
return after
(a)
being allowed to remain free from the beginning,
(b) being released after some pre-trial detention ,
(c)
benefiting from the provisions of suspension of the European arrest warrant
under Article 13(3) or from the provisional release under Article 14.
2. If the executing judicial authority has reason to believe that the requested person
referred to in paragraph 1 is in one of the circumstances referred to in Articles 27 to
34, it shall submit the matter for a hearing by a court in accordance with Article 18.
3. Where execution takes place according to paragraph 1, the requested person may
contest before a court the reasons justifying the recourse to that paragraph.
Article 18 - Hearing
A court in the executing Member State shall decide on whether the European arrest warrant
shall be executed after a hearing, held in accordance with the national rules of criminal
procedure:
(a) if the requested person does not consent to his or her surrender;
(b) in cases referred to in Articles 17(2) and (3).
The issuing Member State may be represented or submit its observations before the court.
Article 19 - Supplementary information
If the executing judicial authority finds the information communicated by the issuing Member
State to be insufficient to allow it to decide on the execution of a European arrest warrant, it
shall request the necessary supplementary information urgently and may fix a time-limit for
the receipt thereof.
Article 20 – Time limit for the decision whether to execute the European arrest warrant
The decision on whether to execute the European arrest warrant shall be taken as soon as
possible and in any case no later than 90 calendar days after the arrest of the requested person.
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